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KRS 96.045

Rights of existing facilities

Applied in 4 court decisions — leading case Consolidated Television Cable Service, Inc. v. City of Frankfort (1972)

Most recently applied in Norrell v. Electric & Water Plant Board of City of Frankfort (November 1977)

Effective: June 27, 2019 History: Amended 2019 Ky

How often courts cite this section

19601970197710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No municipality, in which there is located an existing electric, water or gas public utility plant or facility shall construct or cause to be constructed any similar utility plant or any similar public utility facility duplicating such existing plant or facility or to obtain or acquire any similar public utility plant or facility other than by the purchase of the existing plant or facility or by the acquisition of such existing plant or facility by the exercise of the power of eminent domain.

(2) "Municipality" means any county, city, and municipal corporation in the Commonwealth of Kentucky, and any board, commission or agency thereof.

(3) All laws and parts of laws in conflict herewith to the extent of such conflict are repealed.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.